LUNDY v. CATHOLIC HEALTH SYSTEM OF LONG ISLAND

Docket No. 12-1453.

711 F.3d 106 (2013)

Dennis LUNDY, on behalf of themselves and all other employees similarly situated, Patricia Wolman, Kelly Iwasiuk, Plaintiffs-Appellants, Daisy Ricks, on behalf of herself and all other employees similarly situated, Plaintiff, v. CATHOLIC HEALTH SYSTEM OF LONG ISLAND INCORPORATED, dba Catholic Health Services of Long Island, Good Samaritan Hospital Medical Center, Mercy Medical Center, New Island Hospital, aka St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Roslyn, New York, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care, dba Catholic Care Home, James Harden, Defendants-Appellees, Long Island Health Network, Incorporated, Brookhaven Memorial Hospital Medical Center Incorporated, aka Brookhaven Memorial Hospital Medical Center, John T. Mather Memorial Hospital of Port Jefferson, New York, Incorporated, aka John T. Mather Memorial Hospital, South Nassau Communities Hospital, Winthrop-University Hospital, Terry Hargadon, Brian Currie, Kathleen Masiulis, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 1, 2013.


Attorney(s) appearing for the Case

Michael J. Lingle , Thomas & Solomon LLP, Rochester, NY, ( J. Nelson Thomas , Guy A. Talia , Jessica L. Witenko , on the brief), for Appellants.

James E. McGrath, III , Putney, Twombly, Hall & Hirson LLP, New York, N.Y. ( Daniel F. Murphy, Jr. , Michael T. McGrath , Randi B. Feldheim , Adriana S. Kosovych , Putney, Twombly, Hall & Hirson LLP, New York, NY, on the brief; Stephen J. Jones , Todd R. Shinaman , Joseph A. Carello , Nixon Peabody LLP, Rochester, NY, on the brief), for Appellees.

Before: JACOBS, Chief Judge, WALKER, Circuit Judge, and O'CONNOR, Associate Justice (retired).


DENNIS JACOBS, Chief Judge:

Plaintiffs, a respiratory therapist and two nurses, allege that the Catholic Health System of Long Island Inc., a collection of hospitals, healthcare providers, and related entities (collectively, "CHS"), failed to compensate them adequately for time worked during meal breaks, before and after scheduled shifts, and during required training sessions. They sued on behalf of a purported class of similarly situated employees

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